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Latest Covid Policy & Employees: Back To Neverland

Updated: Jul 22, 2021

The updated Consolidated Direction on Occupational Health and Safety Directive issued on 11 June 2021, specifically relevant to the impact of Covid on the workplace, states employers may issue mandatory workplace vaccination policies.

The Directive urges employers, when choosing to adopt a plan which obliges identified employees to get the vaccination, to take into account the employees’ constitutional rights. These are, for example, that the employee may refuse to take the vaccination based on rights to bodily integrity, the right to freedom of religion, and the like.

Should an employee refuse on these grounds, the employer has to accommodate that employee as far as possible, for example, by counselling and/or accommodating him/her in a position that would not “require the employee to be vaccinated”.

Far from empowering employers to support initiatives to drive vaccinations, the regulations merely empower employers to draft policies relating to vaccination, which they cannot really enforce.

For more information or assistance, contact our Labour Law Department on 041 363 6044 or

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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